VidhiSangh

Supreme Court of India · 08/03/2021

WESTINGHOUSE SAXBY FARMER LTD. versus COMMR. OF CENTRAL EXCISE CALCUTTA

[2021] 3 S.C.R. 622 · 2021 INSC 158

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Summary

The Supreme Court classified the assessee’s relays, admittedly used solely in railway signalling, under Heading 8608 rather than 8536.90. The authorities had overlooked the sole or principal use test and inconsistently invoked the specific-description rule after excluding one competing heading. The demand notices were also unsustainable on limitation on these facts, where the revised classification had been expressly approved and no suppression or fraud was alleged.

Issues

  1. Which tariff heading covered relays used solely for railway signalling.
  2. Whether the classification demand notices were within limitation.

Provisions considered

Held

Result

Appeal allowed; adjudication, appellate and Tribunal orders and the show-cause-cum-demand notices set aside. No costs.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 622.